CAT directs Health Department to consider cases of Doctors engaged during Covid-19 for regularization

03/12/2024

Jammu, Dec 2: Central Admini-strative Tribunal, Jammu Bench, Jammu, comprising Rajinder Singh Dogra (J) & Mr Ram Mohan Johri while disposing of Original Application of Dr. Abbas Ahmed & Anr., directed the Health & Medical Education Department to "consider and decide the case of the applicants for regularization of their services if they are squarely covered by the Judgment passed by the High Court of Madras in case titled "Dr. R. Venkattaraman Vs. State" dated 09.11.2022 and then release the unpaid salary to the applicants within a period of eight weeks.
In December 2019, an outbreak of Pneumonia of Unknown Origin was reported in Wuhan, Hubei Province, China. Pneumonia cases were epidemiologically linked to the Huanan Seafood Wholesale Market. Inoculation of respiratory samples into human airway epithelial cells, Vero E6 & Huh7 cell lines, led to the isolation of a novel respiratory virus whose genome analysis showed it to be a novel Corona Virus related to SARS-CoV. The Global spread of SARS-CoV-2 and the thousands of deaths caused by Corona Virus Disease (COVID-19) led the World Health Organization to declare a Pandemic on 12th March 2020. The entire World paid a high toll in Pandemic in terms of human lives lost, economic repercussions and increased poverty.
The Government of India intended to build resilient Health Systems to support preparedness and prevention related functions addressING not only the COVID-19 outbreak but also such outbreaks in future in our country while preparing COVID 19 Emergency Response & Health Systems Preparedness Package and accordingly through NITI Ayog initiated a series of measures to augment the availability of Medical Profes-sionals as the Govt battled to find ways to cope with a raging wave of Covid-19 that severely stretched India's Health Care Infrastructure.
The Mission Director, NHM, J&K, on receipt of list of 378 Volunteers (Doctors) on NITI Portal for providing services, as and when needed due to Covid-19 Pandemic forwarded the same to the Director Health Services, Jammu/Kashmir on April 10, 2020, wherein, the names of the Applicants existed at Serial Nos. 3 & 4 (District Ramban. Both the applicant - doctors, in their Original Application, pleaded to be working as Dental Surgeons in District Ramban, after having been engaged as Volunteer (Doctors) for Covid-19 regularly and without any hindra-nce/obstructions, whatsoever, but alleged being deprived of their right to claim regularization of their services.
The Applicants, through their Counsel Dinesh Singh Chauhan, Advocate had sought regularization their services as Dental Surgeons in Health & Medical Education Department (District Ramban), in pursuance to the Judgment dated April 30, 2022 passed by Hon'ble Supreme Court of India in 'Suo Motu Writ Petition (Civil) No. 3 of 2021 in 'Re; Distribution of Essential Supplies and Services During Pandemic' and the Central Government Notification dated May 03, 2021. The State-Respondents were represented through Sudesh Magotra, AAG.

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